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1. The Benefits of K-3 Visa
The
benefits of a K-3 visa include:
a)
Backlogs on adjudicating visa petitions filed by United States citizens
for their immediate relatives can exceed a year and half at some of the
USCIS Service Centers, and immigrant visa issuance by a consulate can
routinely take another six months. The K-3 visa, intended to improve
the speed with which a family can be united in the United States, can
substantially shorten that lengthy waiting period for U.S. Citizen
spouses to enter the U.S.
b)
Once admitted to the United States, the spouse issued K-3 visa will be
eligible to adjust status to permanent residency. This is a significant
benefit because of enhanced procedural safeguards available to persons
who adjust to permanent resident status, in contrast to persons who
must apply for immigrant visas
abroad.
c)
Additionally, upon entry, the K-3 visa holder will be eligible to work
in the United States. If the United States citizen petitioner is
low-income and unable to meet the minimal income level necessary to
submit the I-864 Affidavit of Support form that is required before a
non-citizen can be approved for residency, then the K visa holder's
ability to work is a great advantage, because when calculating income,
the United States petitioner can include the non-citizen beneficiary's
income if the petitioner and the beneficiary have lived together for
six months.
2. The Limitations of K-3 Visa
The
USCIS only
admits K-3 spouses for a two-year period. The USCIS may
grant extensions of K-3 visas in two-year increments if the
marriage-based I-130 visa petition, the adjustment of status
application, or the immigrant visa petition is still awaiting
adjudication.
Also,
the law
does not allow non-immigrant aliens to change to
"K-3/K-4" status while they are in the U.S. It is solely available to
those outside the U.S. for the purpose of family reunification with the
U.S. citizens. Further more, K-3/K-4 visa holders may not change to any
other non-immigrant status while they are in the U.S. If a person is
temporarily barred from entering into the U.S. for previous violation
of U.S. immigration law, she or he cannot use K-3 visa to enter into
the U.S.
3. The Termination of K-3 Status
There
is a 2-year limit for the K-3/K-4 status. Also, K-3/K-4 nonimmigrant
status will be terminated 30 days after the denial of one of the
following:
a)
The USCIS denies the I-130 visa petition filed by the United States
citizen petitioner on the K-3 visa holder's behalf;
b)
The USCIS denies an
Adjustment of Status Application (Form I-485) filed by the K visa
holder; or
c)
If for some reason, the K-3 visa holder decides to apply for an
immigrant visa at the appropriate United States consulate abroad, the
consulate denies the immigrant visa
application;
d)
Termination also will automatically occur 30 days after the divorce of
the K-3 spouse from the United States citizen petitioner.
4.
Children Who Are about to Reach 21 Years Old
As
an alien spouse, if you have children who intend to immigrate with you
to the United States, if any of your children will turn 21 within 60
days, please notify the U. S. embassy or consulate immediately. If visa
will be available in your category prior to your son or daughter's
birthday, your case will receive expedited processing in order to
ensure that your son or daughter will be able to immigrate with you.
Failure
to notify the U. S. embassy or consulate that you have a child who will
turn 21 could result in that child being above the legal age at the
time your visa is issued. In that event, you will be required to file a
separate petition for your child after you immigrate, and your son or
daughter will face a waiting period before he or she will be eligible
for visa processing.
5. Travel Outside of the U.S. while in K
status
K-3
and K-4 visa holders may travel outside of the U.S. and return using
their nonimmigrant K-3/K-4 visa for a short trip, if the visa is still
valid, even if they have filed for adjustment of status in the U.S.
prior to their departure.
On
the contrary, the K-1 and K-2 holders may enter the U.S. only one time
with their K-1/K-2 visas. If they leave the U.S. before the marriage,
they need to apply for a new visa to come back. After they file the
adjustment of status application, they are required to obtain an
Advance Parole before the trip abroad, in order to avoid abandonment of
the adjustment application.
6.
How Long Does It Take to Get My U.S. Citizenship
Most U.S.
Permanent Residents
have to wait 5 years after receiving Green Card to qualify for U.S.
Citizenship. However, the immigration law gives a break to spouses of
U.S. Citizens.
If you are a U.S.
permanent or conditional resident, you cannot apply for U.S.
citizenship until you have lived in U.S. as a lawful permanent resident
for at least five years. That means exactly five years to the day. You
can check your U.S. permanent resident card for the exact date on which
you became a permanent resident.
If you start out
as a conditional resident rather than a permanent resident, because you
got your residence through your marriage to a U.S. citizen, your two
years as a conditional resident count as permanent residence.
If you have been
married for at least 3 years, and your spouse has been a U.S. Citizen
for at least 3 years, you are eligible for citizenship 3 years after
you become U.S. Permanent Resident. Actually, you are allowed to apply
for naturalization 3 months before the end of your 3 year residence.
The U.S.
citizenship application must be submitted by mail, using USCIS Form
N-400. USCIS will take a long time to process the N-400, to arrange for
you to be fingerprinted, and to call you in for the interview at which
it actually reviews your application, tests you on your knowledge of
English and U.S. government, and makes a decision on whether to approve
or deny you. USCIS may take at least 90 days to call you in for your
interview.
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